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(영문) 서울고등법원 2016.08.19 2015나2067466
해고무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the court’s explanation as to this case is that the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except where the additional judgment on the plaintiff’s assertion is added to paragraph (2). Thus, this is acceptable in accordance with the main sentence

The plaintiff's assertion about additional determination was made on September 2012 that he worked for more than 15 years in the defendant, and was recognized as a result of his work performance, and there was no reason to resign because he was sufficiently satisfied with the company's living.

However, on September 12, 2012, the Defendant: (a) set up a special business team belonging to the auditor’s office that was the head of the team; (b) issued a transfer order to the Plaintiff who was the head of the team in 15 years of experience; and (c) commenced an audit against the Plaintiff who was not erroneous.

This is a substantial expression of the Plaintiff’s expressed the Plaintiff’s opinion that “I will now resign from the Plaintiff.”

Therefore, the Defendant’s intent to dismiss the Plaintiff, “I would dismiss the Plaintiff without submitting the resignation card,” and accordingly, the Plaintiff submitted the resignation card to the Plaintiff without any choice but without any intention to resign. Therefore, the Plaintiff’s retirement constitutes the actual dismissal of the Plaintiff.

Judgment

In a case where an employer receives a written resignation from an employee and completes an employment contract by taking the form of dismissal from a member who accepts it, if he/she had an employee who has no intention to resign prepare and submit a written resignation without any choice, it is deemed that the employment contract is terminated by the employer’s unilateral intent.

However, unless otherwise, the employer accepts the expression of resignation following the submission of resignation and the employment contract between the employer and the employee is terminated by the termination of the agreement, so the dismissal of the employee's member is considered dismissal.

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